Unfortunately, shopping malls, apartment complexes, and other properties are not always maintained in a safe condition. Even though companies invite individuals to come spend money at their properties, they sometimes fail to maintain their properties in good condition. We have handled cases where porches have fallen on people’s heads, stairs have broken through when stepped upon, dangerous sharp objects have protruded from walls and floors, and water or other substances have been left on the floor to create a hazard.
Dangerous Conditions — Headline Victory
Louis Whitmore and Greg Kafoury
Louis Whitmore, 78, suffered a severe fracture to her foot when a heavy steel display fell from its perch in an aisle at Wal-Mart. Wal-Mart claimed that she must have knocked the steel display down by banging into it while operating one of the motorized vehicles that Wal-Mart maintains for the use of the disabled. Wal-Mart employees testified at deposition that they rushed to the scene when they heard the crash, and that Mrs. Whitmore was sitting on such a vehicle. Whitmore and her daughter testified that no such vehicle was in the vicinity, and that Louis was sitting on a bench immediately after the injury.
Just before trial, our firm forced the production of the incident reports, in which all three Wal-Mart employees had written that Mrs. Whitmore was on a bench, and none mentioned any vehicles. The jury returned after only 35 minutes, unanimously awarding the prayer of $331,000.